Information notice about the processing of personal data about job applicants Last updated July 2019  

What does this information notice concern?

This information notice describes how Dan-Foam ApS (“Dan-Foam“, “we” or “us“) processes information about you that you have provided us with, or that we collect from your references or other publicly available sources within the context of a recruitment process. Dan-Foam is part of the Tempur Sealy group (Tempur Sealy International Inc and its subsidiaries). Dan-Foam ApS is the data controller for the processing of the personal data described in this information notice. Find out how to contact us at the end of the document. The information notice also describes your data protection rights, including your right to object under certain circumstances to the processing of your data that is performed by Dan-Foam. You can find further information about your rights and how you should exercise them in the section titled “Your Rights”. We will provide you with further information when we collect information about you if we deem it to be relevant or appropriate.

What data do we collect? For what purpose and on what legal basis?

We may collect your personal data in various ways. The personal data that we collect is primarily collected from you directly. We may also collect personal data from other sources, such as former employers or publicly accessible databases. We collect data about applicants that is necessary for our evaluation of applicants’ skills, qualifications and suitability for the position and in the administration of the job application and recruitment processes. Within the context of the recruitment process, Dan-Foam collects and processes personal data about you, including personal data of the following types.
  • Data that you have submitted in your application and CV, as well as any attachments including photo portrait and examination certificates is processed with a view to determining your suitability for the position, including whether we should invite you to an interview and, ultimately, offer you the position. Should you attend an interview we will also process the information you provide us with during the interview.
    • The purpose of the processing is to evaluate your application, to administrate the recruitment process and to perform actions as instructed by you prior to the conclusion of any contract of employment.
    • The legal basis for the processing is Article 6,1 (b) of the General Data Protection Regulation. 6, stk. 1, litra b.
  • We may, when you provide references in your application, collect information about you from those references, including information about your job experience and competences. We may also collect information from other publicly accessible sources.
    • The purpose of this processing is to pursue our legitimate interest, namely finding the right employee for the position.
    • The legal basis for the processing is Article 6,1 (f) of the General Data Protection Regulation. We have considered the weighting of interests to ensure that your interests or basic rights or freedoms do not outweigh our interests. Should you wish to receive further details about our considerations in this regard, please contact our head of personal data at dataprotection@tempursealy.com.
  • When recruiting for certain positions of trust within our company, or where it is of relevance to a specific position we may, after you have given us permission to do so, obtain a copy of your criminal record or ask you to complete a personality or qualifications test.
    • We do this to ensure that your criminal record has no history that would indicate your unsuitability for the position and that you possess personal qualities and professional qualifications that would enable you to perform the job. We will always require that you obtain and present your own criminal record.
  • The legal basis for the processing of personality or qualifications tests is Article 6,1 (a) of the General Data Protection Regulation and as for criminal records Section 8 (3) of the Danish Act on the Protection of Personal Data.

With whom do we share this data?

If your application is of relevance to positions in other group companies your personal data may be processed and accessed from jurisdictions outside the European Economic Area (“EEA”) by companies who are part of the Tempur Sealy group. Your personal data may be transferred to the Tempur Sealy group and its subsidiaries and suppliers in the following non-EEA countries:
  • USA
  • India
  • Singapore
Your personal data may be disseminated to companies who, in their capacity as contracted data processors, provide services to Dan-Foam and the Tempur Sealy group, as well as to recruitment and HR administration platforms, help desk providers, IT hosting and/or IT maintenance providers. When transferring your data to non-EEA countries within the Tempur Sealy group , we do so on the basis of a group agreement that implements standard provisions for the transfer of data as adopted by the European Commission.  We also apply the standard provisions of the European Commission or the EU-US Privacy Shield when transferring data to organisations outside the Tempur Sealy group. Should you require further information or if you wish to receive a copy of the documents that are used as transfer mechanism to protect your personal data, please contact us using the contact details below. 

Your rights

Under certain circumstances you are entitled to ask Dan-Foam to provide a copy of your personal data and have the right to correct, delete or limit its processing, as well as to be provided with the personal data you have provided us with in a structured, machine-readable format and to ask us to transfer this personal data to other organisations. You are also entitled to object to our processing. You can read more about your rights in the Danish Data Protection Agency’s guidance on data subjects’ rights, which is available on the www.datatilsynet.dk website. You may withdraw your consent at any time after we have requested it. Withdrawal of your consent to processing of your personal data by Dan-Foam does not affect the legality of any processing that has already been performed. These rights may be subject to limitations, including if compliance with your request would reveal personal data about another person or would violate our rights or the rights of others, or if you ask us to delete information that we are required by law to store, or which we have a pivotal legitimate interest in storing. Relevant exceptions are included in both the General Data Protection Regulation (as codified in Danish law in the Danish Act on the Protection of Personal Data) and domestic data protection legislation. We will inform you of any relevant exceptions we may exercise when we reply to your request. Should you wish to exercise your rights, please contact us as indicated below. If you do not consider that our reply is adequate you are entitled to submit a complaint to the EU data  protection authority where you live, work or where you believe the infringement to have taken place. In Denmark complaints should be filed with the Danish Data Protection Agency, Datatilsynet (www.datatilsynet.dk). 

For how long do we store your data?

Your personal data will be deleted when there is no longer a valid purpose for its continued storage. Applications from applicants who were not given the job will be deleted as a natural extension of the end of the recruitment process, unless you have given us permission to store it for a longer period. Applications from applicants who are given jobs are stored for the entire duration of their employment and are stored and processed in compliance with our information notice on the processing of data about employees, which you will receive when you are given the job. We reserve the right to store your personal data for a period of time that exceeds that stated above if it is deemed necessary to determine, pursue or defend a legal claim.

Updates to this information notice

This “Information notice about the processing of personal data about job applicants” may be updated periodically. When updated we will amend the data at the top of the document accordingly. If we still hold your personal data we will inform you directly of any specific data processing activity or significant amendments to this notice. 

Contact us

Should you have questions about our processing of your personal data, please contact our head of personal data at dataprotection@tempursealy.com or write to us directly at  dan-foam@tempursealy.com. The data controller for your data is Dan-Foam ApS, registered as a company in Danmark to company registration (CVR) number 24209709 at the address Holmelund 43, DK-5560 Aarup, Denmark.